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STATE EX REL. STEPHAN v. PEPSI-COLA GEN'L BOTTLERS, INC

No. 54,813

232 Kan. 843 (1983)

659 P.2d 213

STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Appellant, v. PEPSI-COLA GENERAL BOTTLERS, INC., Appellee.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

Wayne E. Hundley, deputy attorney general, argued the cause, and Robert T. Stephan, attorney general and Linda P. Jeffrey, assistant attorney general, were with him on the brief for the appellant.

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from the trial court's order denying the appellant's (State's) motion for summary judgment and entering judgment for the appellee (Pepsi-Cola).

During the fall of 1981 Pepsi-Cola conducted a promotional program entitled "Pepsi Challenge! DOUBLE PAY-OFF." Under the rules of the scheme the purchaser of one or more items of Pepsi-Cola products, namely bottles of Pepsi-Cola, Diet Pepsi...

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